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PEOPLE v. YORK

2 A.D.3d 1158 (2003)

770 N.Y.S.2d 169

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL D. YORK, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 24, 2003.

Cardona, P.J.

Defendant was convicted of a felony count of driving while intoxicated and, on July 2, 2002, was sentenced to, inter alia, five years' probation. Thereafter, defendant's July 10, 2002 drug screening test revealed the presence of cocaine and marihuana. Those findings provided the basis for a petition charging defendant with violating the terms of his probation, specifically special condition number five, which...

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